Florida Senate - 2011 CS for SB 2036
By the Committee on Education Pre-K - 12; and Senator Braynon
581-04590-11 20112036c1
1 A bill to be entitled
2 An act relating to uniform traffic control; amending
3 s. 316.003, F.S.; defining the term “school bus
4 traffic infraction detector”; amending s. 316.008,
5 F.S.; authorizing school districts to deploy school
6 bus traffic infraction detectors under certain
7 circumstances; creating s. 316.0084, F.S.; providing
8 for use of school bus traffic infraction detectors to
9 enforce specified provisions requiring a person
10 driving a vehicle to stop when approaching a school
11 bus displaying a stop signal; authorizing the
12 Department of Highway Safety and Motor Vehicles, a
13 county, or a municipality to authorize a traffic
14 infraction enforcement officer to issue and enforce a
15 citation for a violation of such provisions; requiring
16 notification to be sent to the registered owner of the
17 motor vehicle involved in the violation; providing
18 requirements for the notification; providing for
19 collection of penalties; providing for distribution of
20 penalties collected; providing procedures for
21 issuance, disposition, and enforcement of citations;
22 providing for exemptions; providing that certain
23 evidence is admissible for enforcement; providing
24 penalties for submission of a false affidavit;
25 providing that the act does not preclude the issuance
26 of citations by law enforcement officers; requiring
27 reports from participating school districts to the
28 department; requiring the department to make reports
29 to the Governor and Legislature; creating s.
30 316.07457, F.S.; requiring school bus traffic
31 infraction detectors to meet specifications
32 established by the department; creating s. 316.0777,
33 F.S.; providing for the placement and installation of
34 detectors on school buses when permitted by and under
35 the specifications of the department; amending s.
36 316.640, F.S.; providing for authority of traffic
37 enforcement officers appointed by the state or a
38 police department or sheriff’s department to enforce
39 specified provisions; amending s. 316.650, F.S.;
40 requiring a traffic enforcement officer to provide to
41 the court a replica of the citation data by electronic
42 transmission under certain conditions; amending s.
43 318.14, F.S.; providing an exception from provisions
44 requiring a person cited for an infraction for failing
45 to stop upon approaching any school bus that displays
46 a stop signal to sign and accept a citation indicating
47 a promise to appear; amending s. 318.18, F.S.;
48 increasing certain fines; providing for penalties for
49 infractions enforced by a traffic infraction
50 enforcement officer; providing for distribution of
51 fines; allowing the clerk of court to dismiss certain
52 cases upon receiving documentation that the uniform
53 traffic citation was issued in error; creating s.
54 321.51, F.S.; authorizing the Department of Highway
55 Safety and Motor Vehicles to use school bus traffic
56 infraction detectors under certain circumstances;
57 amending s. 322.27, F.S.; providing that no points may
58 be assessed against the driver’s license for
59 infractions enforced by a traffic infraction
60 enforcement officer; providing that infractions
61 enforced by a traffic infraction enforcement officer
62 may not be used for purposes of setting motor vehicle
63 insurance rates; providing for severability; providing
64 effective dates.
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. Subsection (89) is added to section 316.003,
69 Florida Statutes, to read:
70 316.003 Definitions.—The following words and phrases, when
71 used in this chapter, shall have the meanings respectively
72 ascribed to them in this section, except where the context
73 otherwise requires:
74 (89) SCHOOL BUS TRAFFIC INFRACTION DETECTOR.—A vehicle
75 sensor installed to work in conjunction with a school bus and a
76 camera or cameras synchronized to automatically record two or
77 more sequenced photographic or electronic images or streaming
78 video of a motor vehicle at the time the vehicle passes a school
79 bus in violation of s. 316.172(1)(a) or s. 316.172(1)(b). Any
80 notification under s. 316.0084(1)(b) or traffic citation issued
81 by the use of a school bus traffic infraction detector must
82 include a photograph, video feed, or other recorded image
83 showing both the license tag of the offending vehicle and the
84 school bus stop signal being violated.
85 Section 2. Subsection (9) is added to section 316.008,
86 Florida Statutes, to read:
87 316.008 Powers of local authorities.—
88 (9) A Florida school district may deploy school bus traffic
89 infraction detectors on its school buses for enforcing s.
90 316.172(1)(a) or s. 316.172(1)(b) when a driver fails to stop
91 upon approaching any school bus which displays a stop signal. A
92 school district deploying school bus traffic infraction
93 detectors will coordinate the issuing of traffic citations with
94 the Florida Highway Patrol, local sheriff’s office, local police
95 department, local school board, if applicable, or other entity
96 having the authority and jurisdiction to enforce the traffic
97 laws of this state and within the particular school district as
98 provided in ss. 316.006 and 316.640.
99 Section 3. Section 316.0084, Florida Statutes, is created
100 to read:
101 316.0084 School Bus Safety Program; administration;
102 report.—
103 (1)(a) For purposes of administering this section, the
104 department, a county, or a municipality may authorize a traffic
105 infraction enforcement officer under s. 316.640 to issue a
106 traffic citation for a violation of s. 316.172(1)(a) or s.
107 316.172(1)(b). This paragraph does not prohibit a review of
108 information from a traffic infraction detector by an authorized
109 employee or agent of the department, a county, or a municipality
110 before issuance of the traffic citation by the traffic
111 infraction enforcement officer. This paragraph does not prohibit
112 the department, a county, or a municipality from issuing
113 notification as provided in paragraph (b) to the registered
114 owner of the motor vehicle involved in the violation of s.
115 316.172(1)(a) or s. 316.172(1)(b).
116 (b)1.a. Within 10 days after a violation, notification
117 shall be sent to the registered owner of the motor vehicle
118 involved in the violation specifying the remedies available
119 under s. 318.14 and that the violator must pay the penalty of
120 $265 to the department, county, or municipality, or furnish an
121 affidavit in accordance with paragraph (d), within 30 days
122 following the date of the notification in order to avoid court
123 fees, costs, and the issuance of a traffic citation. The
124 notification shall be sent by first-class mail.
125 b. The notification under this paragraph must inform the
126 owner that he or she has the right to review the photographic or
127 electronic images or the streaming video evidence that
128 constitutes a rebuttable presumption against the owner of the
129 vehicle. The notice must state the time and place or Internet
130 location where the evidence may be examined and observed.
131 2. Penalty amounts collected by the department, a county,
132 or a municipality under this section, less the amount retained
133 by the department, county, or municipality pursuant to
134 subparagraph 3., shall be remitted to the Department of Revenue
135 each week by means of electronic funds transfer. In addition to
136 the payment, summary detail of the penalty amounts remitted
137 shall be reported to the Department of Revenue.
138 3. A penalty amount of $265 shall be assessed for a
139 violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
140 has failed to stop upon approaching any school bus which
141 displays a stop signal. Of that amount, $170 shall be remitted
142 to the school district in which the violation occurred, $65
143 shall be deposited into the Emergency Medical Services Trust
144 Fund of the Department of Health to be used as provided in s.
145 395.4036, $15 shall be remitted to the department, and $15 shall
146 be retained by the county or municipality issuing the notice or
147 citation or retained by the department if the department issued
148 the notice or citation.
149 (c)1.a. If payment has not been received within 30 days
150 after notification under subparagraph (b)1., a traffic citation
151 shall be issued by mailing the traffic citation by certified
152 mail to the address of the registered owner of the motor vehicle
153 involved in the violation.
154 b. Delivery of the traffic citation constitutes
155 notification under this paragraph.
156 c. In the case of joint ownership of a motor vehicle, the
157 traffic citation shall be mailed to the first name appearing on
158 the registration, unless the first name appearing on the
159 registration is a business organization, in which case the
160 second name appearing on the registration may be used.
161 d. The traffic citation shall be mailed to the registered
162 owner of the motor vehicle involved in the violation no later
163 than 45 days after the date of the violation.
164 2. The citation under this paragraph must include a notice
165 that the owner has the right to review, either in person or
166 remotely, the photographic or electronic images or the streaming
167 video evidence that constitutes a rebuttable presumption against
168 the owner of the vehicle. The notice must state the time and
169 place or Internet location where the evidence may be examined
170 and observed.
171 (d)1. The owner of the motor vehicle involved in the
172 violation is responsible and liable for paying the uniform
173 traffic citation issued for a violation of s. 316.172(1)(a) or
174 s. 316.172(1)(b), unless the owner can establish that:
175 a. The motor vehicle passed the bus at the direction of a
176 law enforcement officer;
177 b. The motor vehicle was, at the time of the violation, in
178 the care, custody, or control of another person; or
179 c. A uniform traffic citation was issued by a law
180 enforcement officer to the driver of the motor vehicle for the
181 alleged violation of s. 316.172(1)(a) or s. 316.172(1)(b).
182 2. In order to establish such facts, the owner of the motor
183 vehicle shall, within 30 days after the date of issuance of the
184 traffic citation, furnish to the appropriate governmental entity
185 an affidavit setting forth detailed information supporting an
186 exemption as provided in this paragraph.
187 a. An affidavit supporting an exemption under sub
188 subparagraph 1.b. must include the name, address, date of birth,
189 and, if known, the driver’s license number of the person who
190 leased, rented, or otherwise had care, custody, or control of
191 the motor vehicle at the time of the alleged violation. If the
192 vehicle was stolen at the time of the alleged offense, the
193 affidavit must include the police report indicating that the
194 vehicle was stolen.
195 b. If a traffic citation for a violation of s.
196 316.172(1)(a) or s. 316.172(1)(b) was issued at the location of
197 the violation by a law enforcement officer, the affidavit must
198 include the serial number of the uniform traffic citation.
199 3. Upon receipt of an affidavit supporting an exemption
200 under sub-subparagraph 1.b., the person designated as having
201 care, custody, and control of the motor vehicle at the time of
202 the violation may be issued a traffic citation for a violation
203 of s. 316.172(1)(a) or s. 316.172(1)(b) when the driver failed
204 to stop upon approaching any school bus which displays a stop
205 signal. The affidavit is admissible in a proceeding pursuant to
206 this section for the purpose of providing proof that the person
207 identified in the affidavit was in actual care, custody, or
208 control of the motor vehicle. The owner of a leased vehicle for
209 which a traffic citation is issued for a violation of s.
210 316.172(1)(a) or s. 316.172(1)(b) is not responsible for paying
211 the traffic citation and is not required to submit an affidavit
212 as specified in this subsection if the motor vehicle involved in
213 the violation is registered in the name of the lessee of such
214 motor vehicle.
215 4. The submission of a false affidavit is a misdemeanor of
216 the second degree, punishable as provided in s. 775.082 or s.
217 775.083.
218 (e) The photographic or electronic images or streaming
219 video attached to or referenced in the traffic citation is
220 evidence that a violation of s. 316.172(1)(a) or s.
221 316.172(1)(b) has occurred and is admissible in any proceeding
222 to enforce this section and raises a rebuttable presumption that
223 the motor vehicle named in the report or shown in the
224 photographic or electronic images or streaming video evidence
225 was used in violation of s. 316.172(1)(a) or s. 316.172(b).
226 (2) This section supplements the enforcement of s.
227 316.172(1)(a) or s. 316.172(1)(b) and does not prohibit a law
228 enforcement officer from issuing a traffic citation for a
229 violation of s. 316.172(1)(a) or s. 316.172(1)(b).
230 (3)(a) Each school district that deploys a school bus
231 traffic infraction detector shall submit a report by October 1,
232 2013, and annually thereafter, to the department which details
233 the results of using the school bus traffic infraction detector
234 and the procedures for enforcement for the preceding state
235 fiscal year. The information submitted by the counties and
236 municipalities must include statistical data and information
237 required by the department to complete the report required under
238 paragraph (b).
239 (b) On or before December 31, 2013, and annually
240 thereafter, the department shall provide a summary report to the
241 Governor, the President of the Senate, and the Speaker of the
242 House of Representatives regarding the use and operation of
243 traffic infraction detectors under this section, along with the
244 department’s recommendations and recommendations for any
245 necessary legislation. The summary report must include a review
246 of the information submitted to the department by the counties
247 and municipalities and must describe the enhancement of the
248 traffic safety and enforcement programs.
249 Section 4. Section 316.07457, Florida Statutes, is created
250 to read:
251 316.07457 Implementation.—Any school bus traffic infraction
252 detector deployed by a school district on one or more of the
253 buses in its fleet must meet specifications established by the
254 department and must be tested at regular intervals according to
255 specifications prescribed by the department. The department must
256 establish such specifications on or before December 31, 2011.
257 Section 5. Section 316.0777, Florida Statutes, is created
258 to read:
259 316.0777 School bus traffic infraction detectors; placement
260 and installation.—School bus traffic infraction detectors are
261 allowed on the school buses of school districts when permitted
262 by the department and under placement and installation
263 specifications developed by the department.
264 Section 6. Paragraph (b) of subsection (1) and subsection
265 (5) of section 316.640, Florida Statutes, are amended to read:
266 316.640 Enforcement.—The enforcement of the traffic laws of
267 this state is vested as follows:
268 (1) STATE.—
269 (b)1. The Department of Transportation has authority to
270 enforce on all the streets and highways of this state all laws
271 applicable within its authority.
272 2.a. The Department of Transportation shall develop
273 training and qualifications standards for toll enforcement
274 officers whose sole authority is to enforce the payment of tolls
275 pursuant to s. 316.1001. Nothing in this subparagraph shall be
276 construed to permit the carrying of firearms or other weapons,
277 nor shall a toll enforcement officer have arrest authority.
278 b. For the purpose of enforcing s. 316.1001, governmental
279 entities, as defined in s. 334.03, which own or operate a toll
280 facility may employ independent contractors or designate
281 employees as toll enforcement officers; however, any such toll
282 enforcement officer must successfully meet the training and
283 qualifications standards for toll enforcement officers
284 established by the Department of Transportation.
285 3. For the purpose of enforcing s. 316.0083 or s. 316.0084,
286 the department may designate employees as traffic infraction
287 enforcement officers. A traffic infraction enforcement officer
288 must successfully complete instruction in traffic enforcement
289 procedures and court presentation through the Selective Traffic
290 Enforcement Program as approved by the Division of Criminal
291 Justice Standards and Training of the Department of Law
292 Enforcement, or through a similar program, but may not
293 necessarily otherwise meet the uniform minimum standards
294 established by the Criminal Justice Standards and Training
295 Commission for law enforcement officers or auxiliary law
296 enforcement officers under s. 943.13. This subparagraph does not
297 authorize the carrying of firearms or other weapons by a traffic
298 infraction enforcement officer and does not authorize a traffic
299 infraction enforcement officer to make arrests. The department’s
300 traffic infraction enforcement officers must be physically
301 located in the state.
302 (5)(a) Any sheriff’s department or police department of a
303 municipality may employ, as a traffic infraction enforcement
304 officer, any individual who successfully completes instruction
305 in traffic enforcement procedures and court presentation through
306 the Selective Traffic Enforcement Program as approved by the
307 Division of Criminal Justice Standards and Training of the
308 Department of Law Enforcement, or through a similar program, but
309 who does not necessarily otherwise meet the uniform minimum
310 standards established by the Criminal Justice Standards and
311 Training Commission for law enforcement officers or auxiliary
312 law enforcement officers under s. 943.13. Any such traffic
313 infraction enforcement officer who observes the commission of a
314 traffic infraction or, in the case of a parking infraction, who
315 observes an illegally parked vehicle may issue a traffic
316 citation for the infraction when, based upon personal
317 investigation, he or she has reasonable and probable grounds to
318 believe that an offense has been committed which constitutes a
319 noncriminal traffic infraction as defined in s. 318.14. In
320 addition, any such traffic infraction enforcement officer may
321 issue a traffic citation under s. 316.0083 or s. 316.0084. For
322 purposes of enforcing s. 316.0083 or s. 316.0084, any sheriff’s
323 department or police department of a municipality may designate
324 employees as traffic infraction enforcement officers. The
325 traffic infraction enforcement officers must be physically
326 located in the county of the respective sheriff’s or police
327 department.
328 (b) The traffic infraction enforcement officer shall be
329 employed in relationship to a selective traffic enforcement
330 program at a fixed location or as part of a crash investigation
331 team at the scene of a vehicle crash or in other types of
332 traffic infraction enforcement under the direction of a fully
333 qualified law enforcement officer; however, it is not necessary
334 that the traffic infraction enforcement officer’s duties be
335 performed under the immediate supervision of a fully qualified
336 law enforcement officer.
337 (c) This subsection does not permit the carrying of
338 firearms or other weapons, nor do traffic infraction enforcement
339 officers have arrest authority other than the authority to issue
340 a traffic citation as provided in this subsection.
341 Section 7. Subsection (3) of section 316.650, Florida
342 Statutes, is amended to read:
343 316.650 Traffic citations.—
344 (3)(a) Except for a traffic citation issued pursuant to s.
345 316.1001, or s. 316.0083, or s. 316.0084, each traffic
346 enforcement officer, upon issuing a traffic citation to an
347 alleged violator of any provision of the motor vehicle laws of
348 this state or of any traffic ordinance of any municipality or
349 town, shall deposit the original traffic citation or, in the
350 case of a traffic enforcement agency that has an automated
351 citation issuance system, the chief administrative officer shall
352 provide by an electronic transmission a replica of the citation
353 data to a court having jurisdiction over the alleged offense or
354 with its traffic violations bureau within 5 days after issuance
355 to the violator.
356 (b) If a traffic citation is issued pursuant to s.
357 316.1001, a traffic enforcement officer may deposit the original
358 traffic citation or, in the case of a traffic enforcement agency
359 that has an automated citation system, may provide by an
360 electronic transmission a replica of the citation data to a
361 court having jurisdiction over the alleged offense or with its
362 traffic violations bureau within 45 days after the date of
363 issuance of the citation to the violator. If the person cited
364 for the violation of s. 316.1001 makes the election provided by
365 s. 318.14(12) and pays the $25 fine, or such other amount as
366 imposed by the governmental entity owning the applicable toll
367 facility, plus the amount of the unpaid toll that is shown on
368 the traffic citation directly to the governmental entity that
369 issued the citation, or on whose behalf the citation was issued,
370 in accordance with s. 318.14(12), the traffic citation will not
371 be submitted to the court, the disposition will be reported to
372 the department by the governmental entity that issued the
373 citation, or on whose behalf the citation was issued, and no
374 points will be assessed against the person’s driver’s license.
375 (c) If a traffic citation is issued under s. 316.0083 or s.
376 316.0084, the traffic infraction enforcement officer shall
377 provide by electronic transmission a replica of the traffic
378 citation data to the court having jurisdiction over the alleged
379 offense or its traffic violations bureau within 5 days after the
380 date of issuance of the traffic citation to the violator.
381 Section 8. Subsection (2) of section 318.14, Florida
382 Statutes, is amended to read:
383 318.14 Noncriminal traffic infractions; exception;
384 procedures.—
385 (2) Except as provided in ss. 316.1001(2), and 316.0083,
386 and 316.0084, any person cited for a violation requiring a
387 mandatory hearing listed in s. 318.19 or any other criminal
388 traffic violation listed in chapter 316 must sign and accept a
389 citation indicating a promise to appear. The officer may
390 indicate on the traffic citation the time and location of the
391 scheduled hearing and must indicate the applicable civil penalty
392 established in s. 318.18. For all other infractions under this
393 section, except for infractions under s. 316.1001, the officer
394 must certify by electronic, electronic facsimile, or written
395 signature that the citation was delivered to the person cited.
396 This certification is prima facie evidence that the person cited
397 was served with the citation.
398 Section 9. Subsection (5) of section 318.18, Florida
399 Statutes, is amended to read:
400 318.18 Amount of penalties.—The penalties required for a
401 noncriminal disposition pursuant to s. 318.14 or a criminal
402 offense listed in s. 318.17 are as follows:
403 (5)(a) Two One hundred dollars for a violation of s.
404 316.172(1)(a), failure to stop for a school bus. If, at a
405 hearing, the alleged offender is found to have committed this
406 offense, the court shall impose a minimum civil penalty of $200
407 $100. In addition to this penalty, for a second or subsequent
408 offense within a period of 5 years, the department shall suspend
409 the driver’s license of the person for not less than 90 days and
410 not more than 6 months.
411 (b) Two hundred dollars for a violation of s.
412 316.172(1)(b), passing a school bus on the side that children
413 enter and exit when the school bus displays a stop signal. If,
414 at a hearing, the alleged offender is found to have committed
415 this offense, the court shall impose a minimum civil penalty of
416 $200. In addition to this penalty, for a second or subsequent
417 offense within a period of 5 years, the department shall suspend
418 the driver’s license of the person for not less than 180 days
419 and not more than 1 year.
420 (c) In addition to the penalty under paragraph (a) or
421 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
422 If the alleged offender is found to have committed the offense,
423 the court shall impose the civil penalty under paragraph (a) or
424 paragraph (b) plus an additional $65. As provided in s.
425 316.0084(1)(b)3., the additional $65 collected under this
426 paragraph shall be remitted to the Department of Revenue for
427 deposit into the Emergency Medical Services Trust Fund of the
428 Department of Health to be used as provided in s. 395.4036.
429 (d) The $265 collected under paragraphs (a), (b), and (c)
430 shall be distributed as provided in s. 316.0084(1)(b)3.
431 (e) If a person who is cited for a violation of s.
432 316.172(1)(a) or s. 316.172(1)(b), as enforced by a traffic
433 infraction enforcement officer under s. 316.0084, presents
434 documentation from the appropriate governmental entity that the
435 traffic citation was in error, the clerk of court may dismiss
436 the case. The clerk of court shall not charge for this service.
437 Section 10. Section 321.51, Florida Statutes, is created to
438 read:
439 321.51 Authorization to use school bus traffic infraction
440 detectors.—When permitted by the Department of Transportation,
441 the Department of Highway Safety and Motor Vehicles may, under
442 s. 316.0084, use images from school bus traffic infraction
443 detectors to enforce s. 316.172(1)(a) or s. 316.172(1)(b) when a
444 driver fails to stop upon approaching any school bus which
445 displays a stop signal on state roads, as defined in chapter
446 316, which are under the original jurisdiction of the Department
447 of Transportation.
448 Section 11. Paragraph (d) of subsection (3) of section
449 322.27, Florida Statutes, is amended to read:
450 322.27 Authority of department to suspend or revoke
451 license.—
452 (3) There is established a point system for evaluation of
453 convictions of violations of motor vehicle laws or ordinances,
454 and violations of applicable provisions of s. 403.413(6)(b) when
455 such violations involve the use of motor vehicles, for the
456 determination of the continuing qualification of any person to
457 operate a motor vehicle. The department is authorized to suspend
458 the license of any person upon showing of its records or other
459 good and sufficient evidence that the licensee has been
460 convicted of violation of motor vehicle laws or ordinances, or
461 applicable provisions of s. 403.413(6)(b), amounting to 12 or
462 more points as determined by the point system. The suspension
463 shall be for a period of not more than 1 year.
464 (d) The point system shall have as its basic element a
465 graduated scale of points assigning relative values to
466 convictions of the following violations:
467 1. Reckless driving, willful and wanton—4 points.
468 2. Leaving the scene of a crash resulting in property
469 damage of more than $50—6 points.
470 3. Unlawful speed resulting in a crash—6 points.
471 4. Passing a stopped school bus—4 points.
472 5. Unlawful speed:
473 a. Not in excess of 15 miles per hour of lawful or posted
474 speed—3 points.
475 b. In excess of 15 miles per hour of lawful or posted
476 speed—4 points.
477 6. A violation of a traffic control signal device as
478 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
479 However, no points shall be imposed for a violation of s.
480 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
481 stop at a traffic signal and when enforced by a traffic
482 infraction enforcement officer. In addition, a violation of s.
483 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
484 stop at a traffic signal and when enforced by a traffic
485 infraction enforcement officer may not be used for purposes of
486 setting motor vehicle insurance rates. Furthermore, no points
487 shall be imposed for a violation of s. 316.172(1)(a) or s.
488 316.172(1)(b) when a driver has failed to stop upon approaching
489 any school bus which displays a stop signal and when enforced by
490 a traffic infraction enforcement officer. In addition, a
491 violation of s. 316.172(1)(a) or s. 316.172(1)(b) when a driver
492 has failed to stop upon approaching any school bus which
493 displays a stop signal and when enforced by a traffic infraction
494 enforcement officer may not be used for purposes of setting
495 motor vehicle insurance rates.
496 7. All other moving violations (including parking on a
497 highway outside the limits of a municipality)—3 points. However,
498 no points shall be imposed for a violation of s. 316.0741 or s.
499 316.2065(12); and points shall be imposed for a violation of s.
500 316.1001 only when imposed by the court after a hearing pursuant
501 to s. 318.14(5).
502 8. Any moving violation covered above, excluding unlawful
503 speed, resulting in a crash—4 points.
504 9. Any conviction under s. 403.413(6)(b)—3 points.
505 10. Any conviction under s. 316.0775(2)—4 points.
506 Section 12. If any provision of this act or its application
507 to any person or circumstance is held invalid, the invalidity
508 does not affect other provisions or applications of this act
509 which can be given effect without the invalid provision or
510 application, and to this end the provisions of this act are
511 severable.
512 Section 13. This act shall take effect July 1, 2011.